Texas Limitations on Motor Vehicle Revenue Use Amendment (2015)

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The Texas Limitations on Motor Vehicle Revenue Use Amendment was not on the November 3, 2015 ballot in Texas as a legislatively referred constitutional amendment. The measure, upon voter approval, would have prohibited the state legislature from allocating funds derived from motor vehicle registration fees, taxes on motor fuels and lubricants, and certain revenue received from the federal government for purposes other than acquiring rights-of-way and constructing or maintaining roads in excess of certain amounts.[1]

Additionally, the measure would have removed the payment of the principal and interest on county and road district bonds or warrants approved or issued prior to January 1, 1945, from the list of purposes for which motor vehicle-related revenue can be allocated.[1]

The measure was introduced into the Texas Legislature by Rep. Joe Pickett (D-79) as House Joint Resolution 27.[2] Rep. Lyle Larson (R-122) introduced the nearly identical House Joint Resolution 36. Rep. Larson's bill differed from Pickett's in that Larson's would only apply to the biennium budget starting on or after September 1, 2017, and successive budgets.[3]

Text of measure

Ballot title

The proposed ballot title was:[1]

The constitutional amendment limiting the uses of revenue from motor vehicle registration fees, taxes on motor fuels and lubricants, and certain revenue received from the federal government.[4]

Constitutional changes

See also: Article 8, Texas Constitution

The proposed amendment would have amended Section 7-a of Article 8 of the Texas Constitution. The following struck-through text would have been deleted and the underlined text would have been added by the proposed measure's approval:[1]

Sec. 7-a.

(a) Subject to legislative appropriation, allocation and direction, all net revenues remaining after payment of all refunds allowed by law and expenses of collection derived from motor vehicle registration fees, and all taxes, except gross production and ad valorem taxes, on motor fuels and lubricants used to propel motor vehicles over public roadways, shall be used for the sole purpose of acquiring rights-of-way, constructing, maintaining, and policing such public roadways, and for the administration of such laws as may be prescribed by the Legislature pertaining to the supervision of traffic and safety on such roads; and for the payment of the principal and interest on county and road district bonds or warrants voted or issued prior to January 2, 1939, and declared eligible prior to January 2, 1945, for payment out of the County and Road District Highway Fund under existing law; provided, however, that one-fourth (1/4) of such net revenue from the motor fuel tax shall be allocated to the Available School Fund; and, provided, however, that the net revenue derived by counties from motor vehicle registration fees shall never be less than the maximum amounts allowed to be retained by each County and the percentage allowed to be retained by each County under the laws in effect on January 1, 1945. Nothing contained herein shall be construed as authorizing the pledging of the State’s credit for any purpose.

(b) For a biennium, the Legislature may not appropriate funds derived from the revenue described by Subsection (a) of this section or Section 7-b of this article for a purpose other than acquiring rights-of-way or constructing or maintaining public roadways in an amount that exceeds the lesser of:

(1) the total amount of those funds appropriated for a purpose other than acquiring rights-of-way or constructing or maintaining public roadways in the preceding biennium; or
(2) the amount determined under Subsection (c) of this 16 section.

(c) For each biennium, the maximum amount that may be appropriated as provided by Subsection (b) of this section is reduced by 20 percent from the preceding biennium if the estimate of anticipated revenue from all sources made in advance of the regular session under Section 49a(a), Article III, of this constitution for the biennium exceeds the total amount of revenue from all sources for the preceding biennium by more than three times the amount of the reduction.[4]

Path to the ballot

See also: Amending the Texas Constitution

The proposed constitutional amendment was filed by Rep. Joe Pickett (D-79) as House Joint Resolution 27 on November 10, 2014.[2] Rep. Lyle Larson (R-122) introduced a similar bill titled House Joint Resolution 36.[3] A two-thirds vote in both chambers of the Texas State Legislature was required to refer this amendment to the ballot. Texas is one of 16 states that require a two-thirds supermajority vote in both chambers. The measure was not approved by both chambers of the legislature.

See also

External links

Footnotes

  1. 1.0 1.1 1.2 1.3 Texas Legislature, "HJR No. 27," accessed November 14, 2014
  2. 2.0 2.1 Texas Legislature, "HJR No. 27 History," accessed November 14, 2014
  3. 3.0 3.1 Texas Legislature, "HJR No. 36 History," accessed November 14, 2014
  4. 4.0 4.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content